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Compelling arbitration: the Eleventh Circuit Court of Appeals reverses and remands a district court holding denying defendant’s motion to compel arbitration in an FCRA case
In Hearn v. Comcast Cable Communications, LLC, the Eleventh Circuit Court of Appeals reversed a district court holding denying the Defendant’s motion
Arbitration - Limitation for application for appointment of arbitrator
The Supreme Court has recently suggested that it is necessary for the Parliament to effect an amendment to Section 11 of the Arbitration and
Arbitral award against a wrong party set aside
In the recent case of AB V CD, HCCT 272020, 18 February 2021the Court granted the application of AB Engineering, to set aside a HKIAC arbitral award
Mediation - kooperativer Lösungsansatz für Unternehmen in der Krise.
Derzeitige Unterbrechungen von Planungsprozessen und Projekten sind für langfristige Geschäftsbeziehungen problematisch. Mittels kooperativer
New ERA Pledge Corporate Guidelines Aim to Assist Corporations in Promoting Women in Arbitration
Since its launch more than five years ago, the Equal Representation in Arbitration (ERA) Pledge has offered concrete and actionable steps to help
The Revised New 2021 ICC Arbitration Rules
With 851 new cases in 2019, the International Chamber of Commerce (ICC) maintained its position as a leading international arbitration institution
Right to be heard in arbitral proceedings - recent case law on set-aside proceedings
The right to be heard is a universally accepted principle which the Federal Constitutional Court has described as a 'primordial procedural right'
New York Federal Court Grants Bank’s Motion to Compel Arbitration in PPP Class Action
On April 8, 2021, the United States District Court for the Southern District of New York granted a national bank's motion to compel arbitration in a
Jurisdiction above technicalities
The law is unfortunately rich, as it is well known, of technicalities which sometimes, particularly when construed in a strictly literal way, produce
Esg due diligence: new prespectives for companies between risks and human rights centrality
Following the Recommendations to the European Commission on mandatory corporate due diligence and corporate accountability issued by the European
ICC Expands Automatic Application of Expedited Procedure
ICC arbitrations based on agreements entered into in 2021 and beyond will follow an expedited procedure if the amount in dispute is $3 million or
11th Circuit: Class members must arbitrate overdraft suits
On April 7, the U.S. Court of Appeals for the Eleventh Circuit upheld a district court’s ruling compelling individual arbitration in five separate
Energy Charter Treaty and EU law - the Advocate General’s opinion calling for broadening the reasoning from Achmea Judgment to ECT and CJEU’s jurisdiction over a case concerning non-EU Members
On March 3, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU (“CJEU“) under case file no
The limits of consent in multi-party arbitration agreements
Certain Arbitration Rules, such as Article 22.1(vii) of the London Court of International Arbitration Rules (“LCIA Rules 2014”), provide for a
Arbitration Clauses Will Not Be Enforced Against Employees Who Engage in Interstate Commerce - and What Comprises Interstate Commerce Is Not Always Obvious
As part of your company’s onboarding process, all employees sign an agreement making it crystal clear that if there ever is any dispute between them
The ICDR's International Arbitration and Mediation Rules 2021: key amendments including four novel changes not seen in other recently released institutional rules
In 2020 and early 2021, we witnessed the publication of revised arbitration and mediation rules by a number of well-known arbitral institutions
Effective dispute resolution in the virtual world - What did attendees at our recent webinar think about the issues discussed?
Stewarts and Lexology hosted a webinar on 24 March 2021 that looked back over 2020 and explored the lessons learned about conducting dispute
"If my memory serves me well" - the accuracy of fact witness memory in International Arbitration
It is a well-used phrase, but science tells us that memory doesn't serve us at all well. In fact, research has shown that the memory of an honest
Expert Evidence in the virtual environment - lessons learned in 2020
The Covid-19 pandemic brought about an unprecedented overnight change to the hearing process, with most hearings being held either semi or fully
The winner takes it all (the loser’s ts and cs were too small): Green v Petfre (Gibraltar) Limited ta Betfred 2021 EWHC 842 (QB)
Just after midnight in 2018, Mr Green played an online game called "Frankie Dettori's Magic Seven Blackjack". He played well. When he finished, the
Can You Waive Appellate Review of an Arbitration Award? The Fourth Circuit Says Yes
Many arbitration agreements address the finality of any resulting award, with differing and sometimes vague language. A number of readers might assume
The interruptive effect of mediation in cross-border disputes on statutory limitation periods for civil claims
Lately, the doctrine of the statute of limitation has been concretized in the Netherlands by means of various judgments of the Supreme Court
Dispute arising out of an Arbitration settlement must go for Arbitration
The Supreme Court of India vide its Judgment dated April 8, 2021, while disposing of an appeal arising out of an application seeking to appoint an
Are we entering a new era for witness evidence?
The ICC and English Business and Property Courts have turned their focus on witness evidence, resulting in a new Report and new court rules
Sanctions: deceptive practices and high-risk areas - Part 1
The maritime industry has transitioned to the front and centre of the global stage with increasing scrutiny on sanctions enforcement. Sanctions
Singapore High Court Requires Third Party’s Express Written Consent to be Joined to Arbitration Under LCIA Rules 2014
On 19 March 2021, the Singapore High Court issued an important decision on the concept of a “forced joinder” in CJD v CJE 2021 SGHC 61 (available
Highlights from the AAA’s New Publication on Discovery Best Practices
The American Arbitration Association (“AAA”) released recommendations for AAA Construction Advocates and Arbitrators with regard to best discovery
Stress awareness month and child contact
April is stress awareness month and as family lawyers, we regularly assist individuals who are dealing with a wide range of difficult issues
What can adjudication do to help save the world?
COVID-19 has already pushed us towards greener ways of dealing with disputes. Documents are now almost exclusively served electronically and not in
Email Service of Motion to Vacate Arbitration Award Not Sufficient Without Prior Express Consent, and Agreement to Arbitrate Under AAA Rules Does Not Provide Such Consent
The Eleventh Circuit rejected an argument from a party seeking to vacate an arbitration award that an email courtesy copy of a “notice of motion” was